Citation Nr: 0732256
Decision Date: 10/12/07 Archive Date: 10/23/07
DOCKET NO. 06-12 178 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Roanoke,
Virginia
THE ISSUES
1. Entitlement to service connection for hypertension.
2. Entitlement to service connection for post-traumatic
stress disorder (PTSD).
REPRESENTATION
Veteran represented by: Military Order of the Purple Heart
of the U.S.A.
WITNESS AT HEARING ON APPEAL
The veteran
ATTORNEY FOR THE BOARD
Catherine Cykowski, Associate Counsel
INTRODUCTION
The veteran had active service from August 1965 to August
1969.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a September 2005 rating decision by
the Department of Veterans Affairs (VA) Regional Office (RO)
in Roanoke, Virginia.
In August 2007, the veteran testified at a hearing before the
undersigned Veterans Law Judge.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The veteran claims that he has PTSD as a result of stressors
that occurred while serving on active duty in Vietnam. The
veteran also claims service connection for hypertension, to
include as secondary to PTSD.
Generally, to prevail on a claim of service connection on the
merits, there must be medical evidence of (1) current
disability; (2) medical, or in certain circumstances, lay
evidence of in-service incurrence or aggravation of a disease
or injury; and (3) medical evidence of a nexus between the
claimed in-service disease or injury and the present disease
or injury. Hickson v. West, 12 Vet. App. 247 (1999).
For service connection to be awarded for PTSD, the record
must show: (1) a current medical diagnosis of PTSD in
accordance with 38 C.F.R. § 4.125(a) (2007); (2) combat
status or credible supporting evidence that the claimed in-
service stressor actually occurred; and (3) medical evidence
of a causal nexus between diagnosed PTSD and the claimed in-
service stressor. 38 C.F.R. 3.304(f) (2007).
Personnel records indicate that the veteran served aboard the
USS Mansfield from March 1966 to August 1969. The veteran's
claimed stressors include being aboard the USS Mansfield
during gunfights.
Service personnel records indicate that the veteran received
the Navy Unit Commendation certificate in June 1967. The
basis for this award was outstanding performance of the USS
Mansfield in direct combat with the enemy off the coast of
North Vietnam between October 1966 and November 1966.
Personnel records also show that the USS Mansfield was
designated eligible for hostile fire pay for the months of
November and December 1965.
The Board notes that a veteran need not substantiate his
actual presence during the stressor event; the fact that the
veteran was assigned to and stationed with a unit that was
present while such an event occurred may strongly suggest
that he was, in fact, exposed to the stressor event. See
Pentecost v. Principi, 16 Vet. App. 124 (2002); Suozzi v.
Brown, 10 Vet. App. 307 (1997). Thus, the Board finds that
the evidence supports the veteran's claimed stressor being
aboard the USS Mansfield during gunfights.
The veteran also claims several stressors which have not yet
been verified. A review of the claims file reflects that the
RO sent a PTSD questionnaire to the veteran in March 2005 and
requested that he provide specific information about his
claimed stressors. The veteran did not respond to that
request. However, at the hearing before the undersigned
Board member in August 2007, the veteran testified that his
stressors included: seeing other service members who were
wounded when the ship came under fire; seeing a friend have
his leg cut off by shrapnel; seeing dead bodies airlifted off
of the ship; and being aboard the USS Mansfield when it
nearly capsized in a typhoon. On remand, the AMC/ RO should
request that the veteran provide specific information
regarding the reported stressors.
VA treatment reports reflect a current diagnosis of and
treatment for PTSD. However, to date, no medical
professional has provided an opinion linking the veteran's
current PTSD to a verified in-service stressor. On remand,
the RO should schedule the veteran for a VA examination to
determine whether he has PTSD based upon a verified stressor,
including his presence aboard the USS Mansfield during
periods of hostile fire.
Accordingly, the case is REMANDED for the following action:
1. The RO should request that the
veteran provide specific details of in-
service stressors, including dates,
places, descriptions of events and names
of individuals involved. The veteran
should provide an approximate time of the
events within a two-month time frame.
If the veteran provides the requested
information, the RO should prepare a
summary of the stressors provided by the
veteran. The summary, a copy of the
veteran's DD-214, and copies of any
service personnel records associated with
the claims folder should then be sent to
the Joint Services Records Research
Center (JSRRC) for verification of the
stressors.
2. The veteran should be scheduled for a
VA psychiatric examination. The claims
file should be provided to the examiner
in conjunction with the examination, and
the examiner should indicate in the
examination report that the claims file
was reviewed. The VA examiner should be
provided with a list of verified
stressors. The examiner is asked to
determine whether the veteran has PTSD,
and if so, whether PTSD is at least as
likely as not (50 percent or greater
likelihood) related to the veteran's
verified stressors, including being
present aboard the USS Mansfield during
hostile fire. The examiner should
provide a detailed rationale, with
references to the record, for any opinion
provided.
3. After completing the above requested
development, the AMC/RO should
readjudicate the claim for service
connection for hypertension. If the
benefits sought on appeal remain denied,
the veteran and his representative should
be provided a supplemental statement of
the case (SSOC) and afforded an
opportunity to respond.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
V. L. JORDAN
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).